Information Commissioner's Office
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ICO investigators raid house for evidence of illegal data selling
The ICO has today raided a house in Sheffield as part of an investigation into illegal trading of personal data.
An ongoing investigation has suggested that people living at the address could be selling data lists to marketing companies to be used in making nuisance calls.
The ICO received complaints about emails advertising databases for sale and traced them to the Sheffield business. Sales emails were sent to individuals and businesses – including the ICO itself.
It is not against the law to sell data lists, but companies must have obtained the data lawfully and have the right to sell it on. Companies handling personal data must also register with the ICO, unless covered by an exemption.
The ICO will not be naming the business while the investigation is ongoing.
Andy Curry, ICO Enforcement Group Manager, said:
“The illegal trade in personal data can be the start of a trail that ends in a nuisance call. Our job is to use all our powers to stop that happening.
“In the last year we've issued £2.3 million of fines, targeting companies responsible for more than 72 million calls and almost two million spam text messages.”
Anyone who wants to report a nuisance call or text can do so on the ICO website.
Notes to editors
- The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
- The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act (FOIA) 2000, Environmental Information Regulations (EIR) 2004 and Privacy and Electronic Communications Regulations 2003.
- The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
- Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
- fairly and lawfully processed;
- processed for limited purposes;
- adequate, relevant and not excessive;
- accurate and up to date;
- not kept for longer than is necessary;
- processed in line with your rights;
- secure; and
- not transferred to other countries without adequate protection.
- The Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act. They give people specific privacy rights in relation to electronic communications.
- There are specific rules on:
- marketing calls, emails, texts and faxes;
- cookies (and similar technologies);
- keeping communications services secure; and
- customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings.
- We aim to help organisations comply with PECR and promote good practice by offering advice and guidance. We will take enforcement action against organisations that persistently ignore their obligations.
- There are specific rules on:
- Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
- Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
- To report a concern to the ICO telephone our helpline 0303 123 1113 or go toico.org.uk/concerns/.